Salvia divinorum enjoys a much looser legal structure than other hallucinogenic drugs. In fact, federally, the plant is perfectly legal. There are, however, several states in the US with some form of salvia legislation. Which states are they? And how exactly do they regulate this plant?
What is salvia?
Salvia divinorumis one of several species of the Lamiaceae mint family. You might be more familiar with its sister-species Salvia officinalis, and Salvia rosmarinus, which account for the kitchen spices sage and rosemary, respectively. Salvia divinorum differs from other forms of salvia in that it contains salvinorin A,which creates a psychoactive and hallucinogenic response.
Salvia is said to hail from the Sierra Mazateca cloud forests in Oaxaca, Mexico, though this is technically unconfirmed. Thought it loves the moist and shady growing conditions of that particular environment, it can be found in many different locations worldwide, including in the US.
The plant gets its name from the word ‘divination’, and translate to “diviner’s sage” or “seer’s sage.” It was used in the rituals of Mazatec shamans for centuries for spiritual healing and divination; because it brings on altered states of consciousness, and hallucinations. There are indigenous cultures that still use it this way today. It’s also an oneirgen drug, meaning it’s used to enhance dreams while sleeping for the purpose of divination.
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The plant has a place in medical traditions. Salvia is used in the treatment of diarrhea, anemia, headaches, rheumatism, as a diuretic, and for ‘swollen belly’, considered a semi-magical disease. These uses require much lower doses than what is used to bring on psychoactive effects.
Salvia isn’t the most well-known drug, but it is still one of the more well-known of the hallucinogenic drugs. One recent study found that about 5% of the population in the US had used the drug before. Many erroneously refer to it as a psychedelic, but while it shares some similarities in causing hallucinations and otherworldly experiences, it is not technically in this category of compounds. Salvinorin A, the main active compound, is a potent agonist at κ-opioid receptors (kappa), and doesn’t affect serotonin receptors like psychedelics do.
It is known to bring on feelings of connectedness, like psychedelics, as well as sedation; disorientation in space and time; issues with motor control; analgesia; loss of memory; delusions and depersonalization; difficulty with language; laughing fits; sensory, auditory, and visual hallucinations; feelings of spirituality; and near-death experiences (or, rather, the feeling of it). It also messes with how people feel gravity, and how they feel their own physical form.
Since it’s not classified with psychedelics, and wasn’t popular at the time that the government went ahead and illegalized other hallucinogens; salvia retains legality in terms of the federal government. It does as well in many states, though there are several that have placed some kind of restriction on it, in the last several years.
Not every piece of legislation equals a complete illegalization. And even those that do have illegalization measures, vary in the penalties for infractions. It is true that more and more states have added on these policies, despite the federal government making no such move. Much like with magic mushrooms and mescaline, in some places, a loophole is created where the plant and the active compound are regulated differently.
Prohibit sale to minors
In some states, the only prohibition is on the sale of a product to a minor. This includes California, Maine, and New York. This is an interesting concept, of course, as there isn’t yet a sales market for the plant; however such a law comes into play when considering that the plant is federally legal, and a market can begin anywhere allowed.
What states have Schedule I for salvia?
Many states have proposed legislation here, but not all of it passed. Other states have put salvia in Schedule I of their controlled substances lists, although it can vary as to whether they include the whole plant, just the active compound, or both. The following have some form of a Schedule I ban: Alabama, Arkansas, Delaware, Connecticut, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Wisconsin, and Wyoming.
That last one on the list, Wyoming, is also a great example of the salvia loophole, wherein one aspect is illegalized, while another is not. In Wyoming, the compound salvinorin A (apparently misspelled in the legislation) is the only thing listed, while the plant Salvia divinorum is not. This is also true in Wisconsin. This resembles both the mescaline loophole and the magic mushrooms loophole.
On the other hand, some states illegalized the plant, without naming the active compound itself, which makes one wonder what happens in the case of sales of salvinorin A extract. States that fit into this category include Delaware, Illinois, New York, and Louisiana, though Illinois does ban ‘extracts’ without mentioning salvinorin A. Plenty of states that passed legislation to ban the plant, did it this way, not mentioning the salvinorin A; and leaving gray area in terms of an extracts market.
States with lesser schedulingfor salvia
Apart from barring the sale of a product to minors, some states instituted other policies that regulate either the plant or the active compound, but in a less severe way than Schedule I. As stated already, a couple states only bar the sale to minors, and do nothing else. Colorado holds salvia as a class B misdemeanor. Georgia simply regulates it as a ‘dangerous drug’, giving plenty of leeway as it is legal as a decorative plant. Of course, if you can have and grow it, not much to stop people from using it.
In Indiana, salvia is a Class A misdemeanor only, and in Minnesota its considered a Gross Misdemeanor. In New York, its prohibited for sale with a $500 fine max per incident, while in South Dakota, its either a Class 1 misdemeanor, or a Class 6 felony, depending on the amount (less than two ounces is a misdemeanor).
Tennessee regulates it as a Class D felony, but holds it legal for decorative use. As this includes possession, sale, and cultivation; it once again opens the door for use, even if use is technically illegal. In Texas its Penalty Group 3, but the legislation makes the stipulation that if its unharvested and growing in a natural state, then its okay. Rhode Island shows up in the Schedule I list, but in actuality, this only applies to ‘extracts’, and specifically doesn’t apply to the actual plant, so long as it is unaltered.
Other states, whether they tried to ban it or not, never did. These include: Alaska, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, South Carolina, Utah, and Virginia. These states have absolutely no law against the plant, or the active compound in it, at least for now.
Things of note
None of these laws are actually recent from the last few years. Most happened between the years of 2007-2011, with just a few exceptions. This indicates that something happened around that time to introduce the plant to a wider audience in the US. Prior to this, its likely that no one was speaking about it at all. It’s quite possible that if it had become more popular at that time, that every state would have a ban.
There is nothing stopping the states that haven’t instituted a ban, from doing so, or for states with less strict policies, to adopt stricter ones. In a country where government doesn’t like industries it can’t control, it’s not weird to think this could and would happen. Salvia is similar right now to amanita mushrooms, which have even less restriction. They both share the quality of having not been around when similar drugs were illegalized last century.
What makes further banning less likely, is the changing climate toward psychedelics and hallucinogens in general. Colorado and Oregon have legalized some form of use, there are tons of decriminalization policies in individual locations, and more than 10 states have already announced psychedelics legislation in the works already this year. As most of these bills surround entheogenic plants, with new legislative measures opening it wider to include more plants, it makes the idea of illegalizing a plant now, not that popular an idea.
This doesn’t mean it can’t happen, of course. Governments are known to pass legal measures under the radar to avoid public scrutiny. But it also means that it might be more likely to have existing policies loosen, rather than to have more rigid ones introduced. We’ll have to wait and see.
Conclusion
Right now, salvia isn’t a real products industry, and its not spoken about as much as mushrooms, DMT, or synthetics like acid and MDMA. But one of the things we know in life, is that people like to get high, and they like to use plants to do it. With the ability for a market in many states, including ones with some – but not altogether limiting – legislation; it certainly seems like a salvia market, could be right around the corner.
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It has become a popular gift with over 20% of the population putting it under the train. So we asked 3 wise man what to give (or consume) during the season.
The holiday season is a special time of year with a combination of Christmas, Hannakuh, and more are the modern hoildays descended from pagan holidays. Food, celebrations, gifts and a hint of something magical are all part of the holidays. With Christmas, the three wise men bring gifts to the baby Jesus being steered by a star. As we head into the last part of the season, why not think of the perfect gift to give or for yourself. We have three wise men give marijuana strain gift suggestions to share with our readers.
Terran Cooper, one of the rising stars of the industry and a part of the firm Falcon Rappaport & Berman who works in the cannabis industry. New York based, he says while there are several great strains, he has two to share for the holiday season.
One of my favorite day time strains, Pineapple Express has skyrocketed in popularity following the 2008 film by the same name. This strain is one of the more energetic strains that I’ve come across, allowing for a nice balance between productivity and relaxation this holiday season. Its joyful and uplifting effects may pair nicely with last minute holiday tasks in addition to any festivities. Though infrequent consumers beware – its relatively high THC content means that a little can go a long way.
Andrew Laub, managing partner of Keneh Ventures and CEO of Cannabition, is a leader in the industry and shared his favorites. Golden Goat is my secret to finding joy in any moment, especially during the holiday season. Its tropical, citrusy flavor is bright and uplifting, just like its effects. I love how it gives me an energized, creative boost without feeling overwhelming, making it perfect for everything from decorating the house to hosting friends. It’s my reminder to savor the fun and chaos of the holidays.
Granddaddy Purple is like my personal escape when the holiday rush gets overwhelming. I love its rich, grape-like flavor and how it helps me unwind at the end of a busy day. Whether I’m binge-watching holiday movies or enjoying quiet time by the fireplace, this strain makes everything feel a little cozier and more magical.
Sour Diesel is my motivation when there’s too much to do and not enough time. Its energizing, citrusy aroma wakes me up, and its focus-boosting effects help me tackle long to-do lists with ease. I love using it to power through holiday prep, whether I’m wrapping gifts, planning meals, or brainstorming creative ways to make the season special.
Online cannabis influencer Miguel a.k.a Miggy420 (@miggy420) believes consumption of cannabis is a personal experience with everyone being different. He sees the endocannabinoid system as unique as snowflakes in winter. Some smoke to wash away ills, others to wash away the ills of society. He shared his two favorites.
Vin Diesel Diesel is a sativa grown by Dewey’s Cultivars. Her beauty matches her taste with gassy hits reminiscent of early 2000 diesel strains I would buy in the traditional market. These growers come with a biochemical background and it shows with this plant, pure bliss – and this is coming from someone who prefers indicas.
If you’re looking for something post family events i.e you just realized the debt you incurred for the little ones or you’re just happy your conspiracy Uncle is gone, I recommend Gelato Cake by Agro Couture. This indica dominant hybrid will have your mind drifting away and able to focus on what it is you really wanted to do, hot box your bedroom and binge watch YouTube.
Enjoy these suggestions and may everyone have a great holiday season.
Lean into the joy of the holiday season with this merry cocktails – delight your taste buds and favorite people!
According to TikTok, it s the most wonderful, stressful, fun, boozy time of year. So why not lean into the season and make merry with something fun. Here are the best cocktails to make you feel festive, no matter what the situation. Plus, these are drinks you can make quickly with minimum effort and maximum fun. Pour one of these concoctions and have a moment of peace or share them with the one you like, love or tolerate at work. Sip, savor and bring a little ho ho ho into the moment.
Here is a way to settle into a cozy beverage which will warm your body and soul. Bourbon has been part of the holidays for generations…and you can make this a new tradition.
Ingredients
2ozbourbon
1/2oz simple syrup
2dashes bitters
2 dashes orange juice
Garnish: cinnamon stick and orange peel
Create
Combine ingredients in a mixing glass and add ice
Stir for 20 seconds
Strain into a rocks glass with ice
Garnish with orange peel and a cinnamon stick
Easy, Tasty Egg Nog
You either you love it or hate it, but Egg Nog is a holiday staple. This recipe makes it lighter, tasty and a wee dangerous since it is so good. It bring a whole new take on a staid drink.
Ingredients
2 oz store bought egg nog
1ozmilk (2% is the best)
small splash vanilla
1 oz Licor 43
Create
Combine egg nog, milk and vanilla
Stir until well mixed
Add Licor 43 and stir again
Pour into a fun glass and enjoy
White Bishop
The Bishop’s Wife is a great holiday movie filled with the Christmas spirit and some never ending booze. This drink is an embraces the fun, warmth, snow, and spirit of the evening. Perfect as a dessert drink, a morning treat or just to lift your holiday mood.
Nothing says celebration like bubbles. Whether you use champagne or prosecco, this is bound to bring a smile to your face. And the poinsettia is Christmas tradition since
Ingredients
1/2ozorange liqueur
3oz cranberry juice
3oz of champagne or prosecco
Garnish with fresh cranberries
Create
Pour orange liqueur and cranberry juice into a chilled champagne flute
Roughly 25% of people are planning to give cannabis as a holiday gift….here are some practical suggestions to make it a success.
Last year was a watershed year for Santa with 1 in 4 planning to add cannabis into their gift giving, the trend is only going up in 2024. Since the plant has become mainstream (except for a few in DC), it is to be found under the tree, next to the menorah and during festive gatherings. Gen Z and Millennials are leading the trend with 78% (vs. 56% of Gen X and Boomers) in planning to include cannabis in their holiday plans. But you you want to do it right, here are the best tips if you are giving marijuana as a gift.
While giving alcohol is a long tradition, giving cannabis is does have some variances. To start, so far most can’t grab it out of personal stock or fish it out of Christmas gifts already given for the year. While Costco, groceries stores and Total Wine are the booze top sellers, it can be also purchased in bodegas, gas stations and other locations. Cannabis still has to be purchased at specialized dispensaries.
First, plan ahead when you shop. The good news is most dispensaries keep hours similar to a grocery store – open by 9 am and closing around or after 10 pm. This makes dashing in for a last minute gift or squeezing it in during the day easy. Remember to bring cash, have a plan and chill out.
The good news isyou can’t seem to be “cheap” giving weed. Most edibles are in a small price range, whereas wine bought at a grocery stores can go for $6-$100. And the quality of the wine can vary greatly. Most edibles, including gummies, are within the same price point and potency while caring on quality. Wana Brands, one of the nation’s leading gummy makers, hits the mid spot on price. Also, unless you are doing a hefty gift basket, you are can give one or two items as a trail.
Never overestimate someone’s usage. Think about the recipient’s experience level and preferences when selecting cannabis gifts. For most, consider starting with low-dose or CBD-dominant products. Gummies, vapes, oil, or gift cards are all popular choices. Also, ask the budtender what the best sellers for mid level consumers.
If you are in the less than 50% of the population where legal cannabis is available, consider hemp beverages. It can provide a quick, similar high but is legal. In Texas, they are huge sellers and can be found in some Total Wines, local convenience stores and other locations.
Lastly, have a hint of discretion, it might not be the best public secret Santa gift, but gummies can be a fun White Elephant!